Personal injury claims are often misunderstood. Many people hesitate to seek compensation after an accident because of misconceptions about the legal process, insurance companies, and their rights. Unfortunately, these myths can prevent injury victims from getting the financial support they need to cover medical bills, lost wages, and other damages.
If you or a loved one has been injured due to someone else’s negligence, it’s important to separate fact from fiction to ensure you make informed decisions about your case. Here are some of the most common myths about personal injury claims—and the truth behind them.
Myth #1: Personal Injury Lawsuits Are Frivolous and Only About Money
Reality: Personal injury claims are about justice and financial recovery for victims who have suffered real harm.
The media often highlights extreme cases where lawsuits seem excessive, but in reality, most personal injury claims involve serious injuries, lost wages, and medical expenses that victims cannot afford on their own. These claims ensure that responsible parties are held accountable and that victims receive the compensation they need to recover.
Myth #2: You Can File a Personal Injury Lawsuit at Any Time
Reality: Every state has a statute of limitations that sets a deadline for filing a personal injury claim.
The timeframe to file a claim varies by state but typically ranges from one to four years from the date of the injury. If you wait too long, you may lose your right to seek compensation. This is why it’s important to consult a personal injury attorney as soon as possible after an accident.
Myth #3: If You Have Insurance, You Don’t Need to File a Lawsuit
Reality: Insurance companies often try to minimize payouts or deny claims altogether.
Even if you have insurance, you may not receive enough compensation to cover your medical bills, lost income, and other damages. Insurance adjusters work for the company—not for you. If an insurer offers a lowball settlement or denies your claim, a personal injury lawsuit may be the only way to get the compensation you deserve.
Myth #4: You Can Handle a Personal Injury Claim Without a Lawyer
Reality: Insurance companies have legal teams working against you, and without an attorney, you risk settling for far less than you deserve.
While you are not legally required to hire an attorney, personal injury cases can be complex and challenging. A lawyer can:
- Gather evidence to prove negligence.
- Negotiate with insurance companies to ensure a fair settlement.
- Take your case to court if a settlement cannot be reached.
Studies show that injury victims who hire an attorney receive significantly higher settlements than those who try to handle claims alone.
Myth #5: Personal Injury Cases Always Go to Trial
Reality: The majority of personal injury claims are settled out of court.
Going to trial is expensive and time-consuming for both parties, so most cases are resolved through negotiations with insurance companies. However, if the other party refuses to offer fair compensation, an experienced attorney will be prepared to take your case to court.
Myth #6: If You Were Partially at Fault, You Can’t Recover Compensation
Reality: Many states follow comparative negligence laws, which allow injury victims to recover damages even if they were partially at fault.
In states with comparative negligence rules, your compensation may be reduced based on your percentage of fault. For example:
- If you were 20% at fault, your settlement would be reduced by 20%.
- In some states, if you are 50% or more at fault, you may not be eligible for compensation.
This is why it’s important to speak with an attorney who can analyze the details of your case and counter any unfair fault claims from insurance companies.
Myth #7: Minor Injuries Don’t Warrant a Personal Injury Claim
Reality: Even minor injuries can lead to long-term complications and costly medical bills.
Some injuries, such as whiplash or concussions, may not show symptoms right away but can worsen over time. Filing a claim ensures that you receive medical care, financial compensation, and protection from unexpected medical expenses in the future.
Myth #8: Personal Injury Lawsuits Take Years to Resolve
Reality: While some complex cases take time, many personal injury claims settle within months.
The length of a case depends on factors like evidence, insurance negotiations, and whether the case goes to trial. A skilled personal injury attorney will work to resolve your claim as efficiently as possible while ensuring you receive the compensation you deserve.
Myth #9: You Will Receive a Huge Settlement Automatically
Reality: The amount of compensation depends on the severity of your injuries, medical costs, lost income, and other factors.
Every personal injury case is unique, and settlements vary based on:
- The extent of medical treatment and rehabilitation needed.
- How much work time and income was lost.
- Whether the injury led to permanent disabilities.
A personal injury claim is not a guarantee of a large payout, but it is a way to seek fair compensation for the losses you’ve suffered.
Myth #10: Personal Injury Lawyers Are Too Expensive
Reality: Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless you win.
This allows injury victims to get legal representation without upfront costs. If your attorney successfully secures a settlement or court award, they will take a pre-agreed percentage of the recovery—not out of your pocket.
The Truth About Personal Injury Claims: You Deserve Justice
If you’ve been injured due to someone else’s negligence, don’t let misinformation stop you from seeking justice. Personal injury claims exist to help victims recover the medical expenses, lost wages, and financial support they need to rebuild their lives.
Contact Dermer Law for a Free Consultation
If you or a loved one has been injured in an accident, you don’t have to navigate the legal process alone. At Dermer Law, we help injury victims across the United States understand their rights and fight for fair compensation. Contact us today for a free consultation. We will review your case, explain your options, and help you take the next steps toward justice.
